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The good faith standard referred to in this section is not
intended to imply a willful or intentional standard--that is, an entity
cannot demonstrate good faith simply by showing that it did not
willfully, intentionally, or recklessly disregard the law. At the same
time, the absence of such a course of conduct would be a factor a court
should weigh in determining the existence of good faith.
Section 36.505 states that courts are authorized to award attorneys
fees, including litigation expenses and costs, as provided in section
505 of the Act. Litigation expenses include items such as expert witness
fees, travel expenses, etc. The Judiciary Committee Report specifies
that such items are included under the rubric of attorneys fees and
not costs so that such expenses will be assessed against a plaintiff
only under the standard set forth in Christiansburg Garment
Co. v. Equal Employment Opportunity Commission, 434 U.S. 412 (1978).
(Judiciary report at 73.)
(Just notes)
